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Q. I
just moved to Florida and want to divorce my
husband. What do you suggest I do?
A.
Move back to the state from which you came. Florida
has a six month residence requirement before you can
even file for a divorce. If you can wait six
months, the divorce procedure is fairly simple, if
your marriage is irretrievably broken.
Q. I
just left my husband. We are not desirous of a
court battle over our property. Can a settlement be
made to avoid a court battle?
A.
Yes. A property and separation agreement can be
written if both parties agree and if husband and
wife can concur on property distribution, alimony,
child support, custody and visitation rights. Such
agreements should be reviewed by attorneys
representing each party, as the attorney drafting
the agreement can only represent one party. All
signatures on the document should be notarized.
Q. I
recently moved to Florida and need advice regarding
divorce. My wife and I own extensive properties in
Virginia. My wife is very much against the divorce
and refuses to sign any agreements. Will Florida
courts divide the property in Virginia if one party
still lives in Virginia?
A.
No. The Florida courts will grant a divorce if one
party has lived in Florida for six months, but will
not generally make property settlement agreements on
out-of-state property under the above circumstances.
Q.
What does a divorce cost?
A.
I presume your question refers to court costs,
filing fees, and attorney fees. In Pinellas
County, the present filing fee is $408.00 and
the service of a summons fee is $40.00 by the
sheriff or $40.00 to $60.00 by the special process
server. Keep in mind that fees differ from county
to county and are subject to change, so you should
contact your local courthouse to determine present costs.The attorney fees vary upon several factors. |